| There is no separate personnel procedure law or housekeeping procedure law of our country,for the nullity of marriage cases,the qualified parties prescribed scope is narrow,and involving personal status,the system of marriage law nations,the social ethics morals and good customs of violation of the marriage law,China’s existing laws lack of regulations on someone represent the authority of national public to apply to court to declare marriage invalid,The protection of the national and social public interests can not achieve the desired effect of the system design.In addition,if a marriage is declared null and void on the grounds that it suffers from a legal illness before marriage and has not yet been cured after marriage,the "illness" needs to be understood by other laws and regulations.The prescribed scope of qualified parties is too wide,and in some diseases,close relatives are not qualified for the parties.On the requirement of close stakeholders or the requirement of significant legal interest related to the object of litigation.This paper is mainly divided into four parts for writing,the main content of each part is:The first part mainly clarifies the concept and connotation of the eligibility of the parties in the case of nullity of marriage.The eligible parties in invalid marriage cases should be granted the right to participate in the procedure besides those who have direct interest in the marriage relationship,and the third party who has close interest or significant legal interest in the disputed marriage relationship.The nature of invalid marriage cases is discussed.According to different views on the nature of invalid marriage cases,the scope of eligible parties is also discussed.Therefore.The second part mainly analyses the current provisions for eligible parties in cases of nullity of marriage in China,and deeply analyses and discusses the reasons for legislators to adopt the existing legal provisions,points out various problems existing in the existing provisions.such as the mismatch between the scope of eligible applicants for invalid marriage cases and the degree of harm to public interests caused by different situations of invalid marriage,the absence or vagueness of necessary explanatory provisions,conflicts or inconsistencies in laws,departmental rules and regulations,and the existing eligible applications limited by various practical reasons,people can not meet their expectations and so on,which results in the vague application of law in judicial practice,repeated trial,waste of judicial resources,lack of state intervention and supervision,and the subject of improper handling by the court when the application and the cause are inconsistent.The third part focuses on the provisions of eligible parties in marriage and family and litigation law in countries of continental law system,such as Japan,France,Germany,Switzerland,and Taiwan of China,as well as the underlying legal basis.Overseas regulations on eligible parties to invalid marriages are mainly considered from the parties’ private rights,state intervention and the protection of the interests of the parties concerned.Through the analysis of their legislative background and legal basis,the advantages and problems of procuratorate,administrative organs and parties or third parties as eligible parties are discussed respectively.And so on for discussion and reflection.In the fourth part,aiming at the problems mentioned above,the paper puts forward some suggestions and reasons for eligible parties in cases of invalid marriage.Mainly include: including the procuratorate as the qualified subject to strengthen the state intervention in invalid marriage cases;lowering the eligibility criteria of invalid marriage parties based on the characteristics of identity relationship,and making detailed adjustments to the parties in bigamy and their close relatives in the case of illness marriage;at the same time,putting forward suggestions and reasons for the court’s handling when the applicant and the cause is inconsistent. |
